The special counsel team led by Jack Smith has argued in a court filing that former President Donald Trump should be restricted in his remarks about the federal election interference case. They claim that Trump has been engaging in a sustained campaign of prejudicial public statements that could influence the trial or prejudice the jury selection. The filing specifically mentions Trump’s recent comments about former Joint Chiefs of Staff Chairman Mark Milley, Georgia Secretary of State Brad Raffensperger, and former U.S. Attorney General Bill Barr, who are all witnesses in the indictment against Trump. In addition, the filing refers to posts on Trump’s Truth Social account that targeted Milley and cast doubt on the fairness of the judge and prosecutors involved in the case.
Prosecutors argue that Trump’s remarks reinforce the need for a targeted gag order to prevent him from making extrajudicial statements about the case. They claim that potential jurors may form improper views about the witnesses and their testimony based on Trump’s statements. They also cite Trump’s own argument that efforts to limit his public speech are driven by President Joe Biden’s desire to strip him of his First Amendment rights. The special counsel’s office has requested a narrowly tailored order to bar Trump from making certain remarks about the case.
A hearing has been scheduled for October 16th to discuss the potential gag order. Trump’s attorneys have previously argued that such a request is an attempt to “silence” the former president and deny him his First Amendment rights. Trump himself believes that these efforts are part of a larger campaign to prevent him from speaking out.